How the Supreme Court Came to Accept a Practice It Called Unjust
The Supreme Court has shifted from condemning partisan gerrymandering as unjust to effectively enabling it, as seen in the recent Louisiana v. Callais decision. The Court's embrace of a 'color-blind' constitutional interpretation allows states to justify map changes by citing partisan intent, even when those changes dilute minority voting power. This marks a significant departure from earlier stances and undermines protections under the Voting Rights Act.
- ▪In Rucho v. Common Cause, the Court acknowledged partisan gerrymandering was unfair but deemed it a political question beyond judicial reach.
- ▪The Louisiana v. Callais decision allows states to defend redistricting maps by claiming partisan intent, even if minority voters are disadvantaged.
- ▪Justice Samuel Alito's opinion in Callais downplays ongoing racial disparities and emphasizes a 'color-blind' interpretation of the Constitution.
- ▪The ruling enables Republican-led states like Louisiana, Tennessee, and Alabama to redraw maps with aggressive partisan gerrymandering.
- ▪Legal scholars note that partisan gerrymandering has now become a defense against claims of racial discrimination under Section 2 of the Voting Rights Act.
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The Atlantic DailyHow the Supreme Court Came to Accept a Practice It Called UnjustThe Court went from condemning partisan gerrymandering to effectively encouraging it.By David A. GrahamSpencer Platt / GettyMay 4, 2026, 5:25 PM ET ShareSave This is an edition of The Atlantic Daily, a newsletter that guides you through the biggest stories of the day, helps you discover new ideas, and recommends the best in culture. Sign up for it here.Seven years ago, midway through a multiyear demolition of the Voting Rights Act, John Roberts’s Supreme Court heard a case on a slightly different topic: partisan gerrymandering. Republican legislators from North Carolina had drawn a map of U.S.
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